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HB24-1260

Prohibition Against Employee Discipline

Concerning a prohibition against disciplining an employee for refusing to participate in employer speech, and, in connection therewith, making an appropriation.
Session:
2024 Regular Session
Subject:
Labor & Employment
Bill Summary

The bill prohibits an employer from requiring an employee to attend meetings, listen to speech, or view communications concerning religious or political matters.

The bill also prohibits an employer from threatening subjecting or threatening to subject an employee subjecting an employee to discipline, or discharging an employee discharge, or an adverse employment action on account of the employee's refusal to attend or participate in an employer-sponsored meeting where the employer communicates concerning religious or political matters or opinions for declining to listen to the speech of or view religious or political communications from the employer or the agent, representative, or designee of the employer. With regard to state employees, the prohibitions apply only to meetings and communications relating to state employees' decisions to join or support a fraternal or labor organization.

Certain employer communications are exempt from the prohibition, including communications:

  • Required by law, or a court order, or an agreement with a governmental entity to communicate to employees, but only to the extent of a legal requirement;
  • That are necessary for an employee to perform the employee's job duties; or
  • That are required to prevent unlawful discrimination or harassment .

Certain communications from institutions of higher education and K-12 schools and school districts are also exempt when the communication is related to coursework, symposia, or an academic program.

The bill does not apply to certain religious corporations, entities, educational institutions, or societies or nonprofit faith-based health systems or nonprofit health facilities.

The bill creates a private right of action in district court for aggrieved persons who prevail in court seeking payment of front pay, lost wages and compensation, costs, and attorney fees authorizes an aggrieved person to seek relief by filing a complaint with the department of labor and employment (department) or by filing an action in district court after the person has exhausted all administrative remedies and has filed a complaint with the department. The bill also creates an affirmative defense for employers.

Each employer is required to post distribute, at the employer's workplace, a notice to each employee of the employee rights outlined in the bill. at the employer's workplace.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Did Not Become Law

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Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details